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REVIEWING POWER OF COURT

    1 Author(s):  OM PRABHA

Vol -  4, Issue- 2 ,         Page(s) : 589 - 602  (2013 ) DOI : https://doi.org/10.32804/CASIRJ

Abstract

To prevent the miscarriage of justice the constitutional framers while keeping in mind possible human mistakes even by the Judges of the highest Court, have provided scope of rehearing of a case by the same judge who has decided it.Review means to re-consider, to look again or to reexamine . In legal parlance , it is a judicial re-examination of the case by the same court. In review a judge who has disposed of the matter reviews an earlier order passed by him in certain circumstances. The main object of granting a Review of Judgement is reconsideration of the same matter in certain conditions. The power of review inheres in every court to prevent miscarriage of justice or to correct grave and palpable errors committed by it. The provision related to review constitutes an exception to general rule laid down in Order 20, Rule 3 which provides that the “judgment shall be dated and signed by the judge in the open court at the time of pronouncing it and, when once signed, shall not afterwards be altered or added to except as provided by Section 152 or on review. The Scope of power of review as envisaged under Order XLVII Rule 1 is very limited and review proceedings are not by way of an appeal and have to be strictly confined to the scope and ambit of Order XLVII Rule 1. All decrees and orders cannot be reviewed. Review is permissible is permissible only when circumstances of a substantial and compelling character make it necessary to do so.

1.Chamber?s 21st Century Dictionary 1997 at pg. 1997; see also Concise oxford English dictionary 2002 at pg. 1225
2. Maharaja Moheshur Singh V. Bengal Government 1857 (7) Moo. IA 283
3. C.F. C.K. Takwani?s Civil Procedure Code with Limitation Act, 7th Edition 2013 (reprint 2014) Pg. 570
4. Signhal?s CPC 6th Edition 2014-15
5. Northern Indian Caterers (India) Pvt. Ltd. V. H. Governore of Delhi AIR 1980 SC 674


6MULLA CODE OF CIVIL PROCEDURE ABRIDGED 14th Edition (4th Reprint 2010), pg. 1735
7Nandlal V. Panchanan 1918 ILR 45 Cal 60 IC 484

10MULLA CODE OF CIVIL PROCEDURE ABRIDGED 14th Edition (4th Reprint 2010), pg. 1735

11Ajit Kumar Rath V. State of Orissa 2000 LRI 163

  12BibiMutto V. Illahi Begum 1884 ILR 6 All 65
13  AIR 1992 PC 112
14Mahadeo V. Lakshmanan AIR 1925 Bom 521
15Ramkrishnasingh V. PahladroyAggarwal 1958 Cal 553
16Kiwal Krishna V. Shivkumar AIR 1970
17 Harish Chandra Jha V. Dinesh NaryanJha AIR 1958

18Ramkaran V. ShriKishan AIR1976 Raj
19http://www.law.cornell.edu/uscode/html/uscode38a/usc_sec_38a_00000035----000-.html
20http://www.elc.org.uk/pages/lawukjudicial%20review.htm

21S.Nagrajvs State of Karnataka (1993)
22 S. Nagraj V. State of Karnataka 1993 SCC 595
23Delhi Admn. V. Gurdeep Singh Ubn 2000 SCC 296
24DURGA DAS BASU: Shorter Constitution of India 14th Edition (reprint 2012) Volume I, pg. 1010
25AIR 2002 SC 1771

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